R v C

Case [2000] QCA 145


SUPREME COURT OF QUEENSLAND

CITATION: R v C [2000] QCA 145
PARTIES: THE QUEEN
v
C
(appellant)
FILE NO: CA No 391 of 1999
DC No 209 of 1998
DIVISION: Court of Appeal
PROCEEDING: Appeal against Conviction & Sentence
ORIGINATING COURT:

District Court at Rockhampton

DELIVERED ON: 28 April 2000
DELIVERED AT: Brisbane
HEARING DATE: 22 March 2000
JUDGES: McMurdo P, Moynihan SJA, Atkinson J
Judgment of the Court
ORDER: Appeal against conviction dismissed.
Leave to appeal against sentence refused.
CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISCARRIAGE OF JUSTICE – WHETHER INSUFFICIENT PARTICULARITY – sexual offences against step-grand-daughter between ages 6 to 11 – whether similar counts adequately particularised so discrete and specific incidents

R v Knuth CA No 64 of 1998, 23 June 1998, considered
R v Rogers CA No 17 of 1998 and CA No 445 of 1997, 6 May 1998, considered
R v S [2000] 1Qd R 445, considered
S v The Queen (1989) 168 CLR 266, considered

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISCARRIAGE OF JUSTICE – IMPROPER ADMISSION OF EVIDENCE – whether trial judge erred in admitting evidence of uncharged acts of indecency and an out of court statement.

R v Knuth CA No 64 of 1998, 23 June 1998, considered

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – USE OF EVIDENCE – whether trial judge failed to give adequate directions to jury on evidence of uncharged acts, an out of court statement and absence of evidence from a witness.

Gipp v The Queen (1998) 194 CLR 106, considered
Jones v Dunkel (1959) 101 CLR 298, considered
R v McKinney (1991) 171 CLR 468, considered
R v Palmer CA No 125 of 1998, 28 July 1998, distinguished
R v Rankin [2000] QCA 54; CA No 234 of 1999, 3 March 2000, considered
R v Vonarx Court of Appeal (Vic) No 181 of 1995, 15 November 1995, considered

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – whether the delay in making the complaint or the lack of fresh complaint, corroboration or particularity  made the verdict unsafe or unsatisfactory.

Criminal Code s 632

Gipp v The Queen (1998) 194 CLR 106, considered
M v The Queen (1994) 181 CLR 487, considered
Jones v The Queen (1997) 191 CLR 439, considered

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON – APPLICATION TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – SEXUAL OFFENCES – whether sentence of five years' imprisonment with…

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Details
AGLC
R v C [2000] QCA 145
Case
[2000] QCA 145
Decision Date

CaseChat Overview and Summary

In the matter of R v C, the appellant was convicted for multiple sexual offences against his step-grand-daughter, committed when she was between the ages of six and eleven. The appellant appealed against both his conviction and sentence, contending that there was a miscarriage of justice and that the charges were insufficiently particularised. The appeal against the conviction was heard in the Court of Appeal of a relevant Australian state.

The legal issues before the court centred on whether the charges against the appellant were adequately particularised. The appellant argued that the similar fact evidence provided was insufficient to support the conviction as it did not specify discrete and specific incidents. The Crown contended that the charges were particular enough, and that the evidence presented was sufficient to support the conviction.

The court found that the charges against the appellant were sufficiently particularised. It was held that the similar fact evidence provided was relevant and admissible, and the court was satisfied that the evidence was sufficient to support the conviction. The court found that the appellant's arguments on particularity did not establish a miscarriage of justice. The appeal against the conviction was dismissed, and leave to appeal against the sentence was refused.

Orders

Orders of the court

Appeal against conviction dismissed.

Leave to appeal against sentence refused.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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